The affidavit may be filed by: (1) one or more claiming successors of the decedent
(heirs, devisees, or possibly creditors); (2) any person named as personal representative
in the decedent’s will; or (3) the Director of Human Services, the Director of the
Oregon Health Authority, or an approved attorney, if the decedent received public
assistance and it appeared that the assistance or cost of care may be recovered from
the decedent’s estate. Or. Rev. Stat. §§ 114.505(2), 114.515(1), 114.517, 114.520.
NOTE: Although the surviving spouse of a decedent who died on or after January 1, 2011,
may be entitled to an elective share of the estate (Or. Rev. Stat. §§ 114.600 to 114.725),
Social Security benefits are expressly excluded from the augmented estate. Or. Rev.
Stat. § 114.630(3).)
No sooner than 10 days after the filing of an affidavit, the affiant may deliver a
certified copy of the affidavit to any person who was indebted to the decedent or
who has possession of personal property belonging to the estate. Or. Rev. Stat. §
114.535(4). (Additional procedures apply when the deceased was known to be the lessee
of a safe deposit box. See Or. Rev. Stat. § 114.537.) Request adequate evidence if a person claims to be the
personal representative. For a discussion of adequate documentation for legal representatives,
see GN 02301.035. Upon receipt of the certified affidavit, SSA must pay to the affiant the amounts
owed the decedent. Or. Rev. Stat. §§ 114.535(1)-(2).
The certified affidavit must state:
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1.
the decedent’s name, age, domicile, post office address, and Social Security number;
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2.
date and place of death, with attached certified copy of death certificate;
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3.
a description of the fair market value of all property in the estate, including a
legal description of any real property;
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4.
that no application or petition for appointment of a personal representative has been
granted in Oregon;
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5.
whether the decedent died testate or intestate, with attached copy of the will, if
applicable;
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6.
a listing of the decedent’s heirs or devisees along with additional details, including
their interests in the property;
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7.
that reasonable efforts were made to ascertain creditors of the estate, along with
details about the claims and creditors;
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8.
that a copy of the affidavit showing the date of filing will be mailed or delivered
to the Department of Human Services or to the Oregon Health Authority;
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9.
claims against the estate not listed in the affidavit or in amounts larger than those
listed may be barred unless a claim is presented to the affiant within four months
of the filing of the affidavit, or a personal representative is appointed within four
months; and
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10.
any claim listed in the affidavit that the affiant disputes may be barred unless a
petition for summary determination is filed within four months or a personal representative
is appointed within four months. Or. Rev. Stat. §§ 114.525, 114.535(4), 114.555.